Government building construction and maintenance standard contracts
In accordance with the Queensland Procurement Policy, agencies must use template invitation and contract documentation relevant to the category being procured.
Contract Services develops and maintains the BCM standard conditions of contract and conditions of offer templates, and associated guidance material, on behalf of the Department of Housing and Public Works, as the BCM category lead agency.
Agencies must:
- follow the published guidance on procurement strategies and contract selection
- use the BCM standard contracts (including conditions of offer), in accordance with the Queensland Procurement Policy
- comply with government policies, including the Building Policy Framework (where applicable).
Project specific details and information must be completed within the editable sections in the BCM standard contract templates before going to the market.
However, to ensure the integrity of the BCM standard contracts and to ensure consistency in dealing with industry, you cannot amend the BCM templates without consulting Contract Services.
Visit Choosing a BCM procurement strategy to help you identify the right standard contract for your specific government BCM project.
Contract Services also produces the Contract Fundamentals, which:
- supports the use of the Queensland Government’s standard contracts
- provides an overview of the fundamental roles, relationships, principles and concepts relevant to the delivery of building construction projects under the Queensland Government’s standard contracts.
For more information and guidance on the standard BCM templates, or to receive notification of template updates, email contract.services@hpw.qld.gov.au.
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Out of scope
The BCM templates are not intended for use in procurement activities for the other 5 Queensland Procurement Policy categories of expenditure:
- General goods and services
- Information and communication technology (ICT) or activities that predominantly consist of ICT goods and/or services (i.e. with a limited component of building work)
- Medical
- Social services
- Transport infrastructure services.
Procurement templates
The standard conditions of tender and offer templates are provided with each BCM contract template in the documents titled Tender (or Offer) Requirements and Tender (or Offer) Form.
In project or program specific circumstances, it may be appropriate to use 1 of the following procurement templates as part of the overall procurement strategy.
If you’re unsure whether it's appropriate to use these procurement templates as part of your procurement strategy, email contract.services@hpw.qld.gov.au.
The Registration of Interest standard templates are for use when approaching the open market to determine the availability and interest of suitable contractors or consultants to tender for a project.
These templates facilitate a non-binding early engagement process that is undertaken prior to calling for tenders, and:
- are suitable for use for consultant or contractor procurement processes
- require respondents to self-assess against stipulated requirements
- do not require the evaluation of responses.
The Expression of Interest standard templates are for use when approaching the market to determine a shortlist of suitable, available, and interested contractors or consultants to tender for a project.
These templates facilitate a non-binding process that is undertaken prior to calling for tenders. Any commitments made in a respondent’s EOI submission will not form part of any future tender process. The templates:
- are suitable for use for consultant or contractor procurement processes
- require respondents to respond to shortlisting criteria against which they will be evaluated.
The standard Standing Offer Arrangement (SOA) templates are suitable for use where there is a high volume of repetitive purchases of works or services that can be scoped and priced with sufficient certainty for the duration of the SOA term.
The SOA is intended for establishing standing offers under the following BCM standard contracts:
- Minor Works
- Medium Works
- Short Form Consultancy Services
- Responsive Maintenance
- Supply of Building Materials.
Agencies must consult with Contract Services before using the SOA templates.
Where the Building Policy Framework applies to your agency and the proposed SOA is not a common-use supply arrangement scheduled in the BCM Category Strategy, you must seek endorsement from the Contracts Committee following consultation with Contract Services.
Contract templates
To identify the most suitable standard contract for your project, take into consideration any project specific requirements or objectives, including the following:
- procurement strategy and methodology (including design obligations)
- type of works or services, e.g. construction, maintenance, consultancy, building materials procurement
- value of the works or services
- any project or program specific risks and constraints and their impacts, e.g. delivery timeframes, quality, innovation and cost.
Refer to the Choosing a BCM procurement strategy and this guidance, to help you find the right standard contract for your government BCM project.
The standard conditions of tender templates are provided with each BCM contract template in the documents titled Tender (or Offer) Requirements and Tender (or Offer) Form.
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Building construction templates
The following standard contract templates are for use on government building construction projects—they are not suitable for the performance of maintenance program work after Practical Completion.
Single stage building construction templates
The Minor Works with Option for Design Contract is suitable for use on building construction or maintenance projects up to the value of $250,000 (including GST).
It is a lump sum contract that can be used as either:
- a fully documented contract where design and construction documentation have been completed by the principal
or
- a design and construct contract where the contractor is required to carry out design and/or documentation work in addition to construction work.
The relevant Annexure items should be completed to reflect whether the contractor is required to carry out design and/or documentation work.
The Medium Works with Option for Design Contract is suitable for use on building construction projects up to the value of $1 million (including GST).
It is a lump sum contract that can be used as either:
- a fully documented contract where design and construction documentation have been completed by the principal
or
- a design and construct contract where the contractor is required to carry out design and/or documentation work in addition to construction work.
The relevant Annexure items should be completed to reflect whether the contractor is required to carry out design and/or documentation work.
This contract also includes contractual mechanisms, not included in the Minor Works with Option for Design Contract, including separable portions and provisional sums.
The Medium Works Contract is not suitable where it is anticipated that an accepted contract sum will be less than $1 million (excluding GST) but could require variations which increase the contract value by 30% or more and result in the contract sum exceeding $1 million (excluding GST).
Such an increase may enliven project trust account requirements under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), and the Medium Works with Option for Design Contract does not contain appropriate provisions in relation to project trust accounts.
The Construct Only Contract is suitable for use on building construction projects with a value of $1 million (including GST) or more.
It is a fully documented lump sum contract suitable for projects where design and construction documentation have been completed by the principal.
This contract is also suitable for use if your project will receive Australian Government funding, and meets the other requirements described in this section.
Where Australian Government funding meets the thresholds for the Australian Government Work Health and Safety Accreditation Scheme, the relevant Annexure items should be completed accordingly to reflect this.
The Design and Construct Contract is suitable for use on building construction projects with a value of $1 million (including GST) or more.
It is a design and construct lump sum contract suitable for projects where the contractor is required to carry out design and/or documentation work in addition to construction work.
This contract is also suitable for use if your project will receive Australian Government funding and meets the other requirements described in this section.
Where Australian Government funding meets the thresholds for the in new window) Australian Government Work Health and Safety Accreditation Scheme(Opens, the relevant Annexure items should be completed accordingly to reflect this.
Two stage building construction templates
The following standard contracts are suitable for use on major or complex projects, including high risk / significant projects, where design work is required to be carried out by the contractor and/or where early contractor involvement is required.
The Guide to Collaborative Contracting supports the successful delivery of Queensland Government building construction projects under the two stage building construction templates.
This guide should be read in conjunction with the two stage standard building construction contract templates.
The Early Contractor Involvement Contract is for use on building construction projects where early contractor involvement is required, using a two stage design management and construction process.
It is a two stage contract with stage one involving contractor-led design progressing as early as possible while allowing sufficient time to develop the final project brief and prepare a lump sum offer to proceed (if the offer is accepted) to the second stage where construction is undertaken.
Agencies must consult with Contract Services before using this contract.
This contract is also suitable for use if your project or work will receive Australian Government funding, and meets the other requirements described in this section.
Where Australian Government funding meets the thresholds for the Australian Government Work Health and Safety Accreditation Scheme, the relevant Annexure items should be completed accordingly to reflect this.
The Managing Contractor Contract is for use on building construction projects where early contractor involvement is required, using a two stage design and construction management process.
It is a two stage contract with stage one involving contractor-led design progressing as early as possible while allowing sufficient time to develop the final project brief and negotiate a guaranteed construction sum offer to proceed (if the offer is accepted) to the second stage where the contractor manages construction of the project.
Agencies must consult with Contract Services before using this contract.
This contract is also suitable for use if your project or work will receive Australian Government funding, and meets the other requirements described in this section.
Where Australian Government funding meets the thresholds for the Australian Government Work Health and Safety Accreditation Scheme, the relevant Annexure items should be completed accordingly to reflect this.
- Managing Contractor: Tender Requirements 878.8 KB)
- Managing Contractor: Tender Form 862.3 KB)
- Managing Contractor: Conditions of Contract 990.5 KB)
- Managing Contractor: Conditions of Contract – Schedules 918.9 KB)
- Managing Contractor: Project Brief 840.3 KB)
- Managing Contractor: Notice to Tenderers 844.7 KB)
Managing contractor tender requirements with preferred tenderer stage
Managing contractor with preferred tenderer stage documents are available, upon request from Contract Services, for use on highly complex projects that would benefit from very early contractor involvement.
Sector specific building construction templates
The following standard contracts are suitable for use on building construction projects that require procuring from specialised industry suppliers.
The Modular Contract is for use on building construction projects where the procurement is for purpose-made modular buildings that will be predominantly fabricated off-site, with capacity to allow for site installation and/or storage of the modular building as part of the scope of work, if required.
It is a lump sum contract suitable for projects where the contractor is required to carry out design and/or documentation work in addition to construction work.
This contract also provides for appropriate performance warranties and special risks insurance associated with this type of project.
Agencies must consult with Contract Services before using this contract.
Where the Building Policy Framework applies to your agency, you must seek endorsement from the Contracts Committee following consultation with Contract Services.
This contract is also suitable for use if your project or work will receive Australian Government funding, and meets the other requirements described in this section.
Where Australian Government funding meets the thresholds for the Australian Government Work Health and Safety Accreditation Scheme, the relevant Annexure items should be completed accordingly to reflect this.
The Residential Works with Option for Design Contract is for use on housing building construction projects up to the value of $1 million (including GST).
It is a lump sum contract that can be used as either:
- a fully-documented contract where design and construction documentation have been completed by the principal
or
- a design and construct contract where the contractor is required to carry out design and/or documentation work in addition to construction work.
The relevant Annexure items should be completed to reflect whether the contractor is required to carry out design and/or documentation work.
This contract includes provision for stage payments and the purchase of land by a separate contract.
The Residential Works Contract is not suitable where it is anticipated that an accepted contract sum will be less than $1 million (excluding GST) but could require variations which would likely increase the contract sum by 30% or more and result in the contract exceeding $1 million (excluding GST).
Such an increase may enliven project trust account requirements under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) and the Residential Works Contract does not contain appropriate provisions in relation to project trust accounts.
Building maintenance templates
The following standard contract templates are for use on government building maintenance projects and programs.
Proactive maintenance
The following standard contract templates are suitable for use on planned and routine government building maintenance projects and programs.
The Minor Works with Option for Design Contract is also suitable for use on low risk planned maintenance up to the value of $250,000 (including GST).
This contract includes provisions allowing for the engagement of subcontractors by the contractor.
The Term Maintenance Contract is for use where ongoing maintenance work is required for a specified term.
This contract is flexible to suit both complex maintenance projects requiring contractors to undertake strategic asset management planning, as well as less complex maintenance projects where strategic asset management planning has already been undertaken.
Agencies must consult with Contract Services before using this contract.
Reactive maintenance
The following templates are suitable for use on once-off, unplanned, responsive or unexpected maintenance work.
The Responsive Maintenance Contract is for use where once-off maintenance work up to the value of $10,000 (including GST) is required, including work of an unplanned or urgent nature.
This contract facilitates fast response times for urgent attendance to maintenance issues by a single contractor, with minimal contract administration required.
It is not suitable for use where subcontracting is required.
The Minor Works with Option for Design Contract is also suitable for low-risk unplanned maintenance work up to the value of $250,000 (including GST).
This contract includes provisions not in included in the Responsive Maintenance Contract, including provisions allowing for the engagement of subcontractors by the contractor.
Building consultancy templates
The following templates are suitable for the engagement of consultants for government building construction or maintenance projects or programs.
These contracts are not suitable for engaging indirect workers within the BCM category. For guidance about engaging and managing indirect workers (professional contractors and labour hire workers), refer to the Queensland Government Procurement: Engaging and managing consultants and indirect workers guide, and the relevant conditions of contract.
The Short Form Consultancy Services Contract is for use in engaging building industry consultants to provide services in relation to government building construction or maintenance projects or programs.
This contract is suitable for commissions that have a PQC service risk rating of 1 or 2 and where the value is less than $60,000 (including GST).
The Special Conditions of Contract for Australian Standard® General Conditions of Contract for Consultants AS4122-2010 is for use in engaging building industry consultants to provide services in relation to government building construction or maintenance projects or programs
This contract is suitable for commissions:
- that have a PQC service risk rating of 3 or 4
or
- where the value is $60,000 (including GST) or more.
The Special Conditions of Contract are used in conjunction with the Australian Standard® General Conditions of Contract for Consultants AS4122-2010.
The general conditions of contract may be available from your agency’s library or can be purchased from Standards Australia for your reference.
Building materials templates
The following standard contract is suitable for the procurement of building and other related goods and materials.
The Supply of Building Materials Contract is for use in procuring pre-made construction related materials or equipment for government building construction or maintenance projects or programs.
This contract is suitable for the purchase of off-the-shelf or special-order materials and equipment, but specifically excludes goods that require one-off design or construction to meet project specific requirements.
- Supply of Building Materials: Tender Requirements 861.1 KB)
- Supply of Building Materials: Tender Form 849.2 KB)
- Supply of Building Materials: Conditions of Contract 880.3 KB)
If you are procuring goods that are not related to a government building construction or maintenance project or program, refer to General goods and services.
Construction management templates
The following referenced standard contracts are suitable for use on building construction projects delivered under a construction management procurement strategy.
These contracts are not suitable for the engagement of a construction manager.
The following standard contracts are available, upon request from Contract Services, for use by QBuild on construction management projects:
- Construct Only Trade Contract ($1 million or more)
- Medium Works Trade Contract (under $1 million)
- Minor Works Trade Contract (up to $250,000).
Agencies should consult with QBuild if they are considering using a construction management procurement strategy.
Guidance material
- The Contract Fundamentals provides an overview of the fundamental roles, relationships, principles and concepts relevant to the delivery of building construction projects under the Queensland Government’s standard BCM contracts.
- Guide to Collaborative Contracting 608.7 KB)
This guide supports the successful delivery of Queensland Government building construction projects under the two stage building construction templates and should be read in conjunction with the two stage building construction templates published on this web page. - The following guide note and spreadsheet both provide an overview and guidance on the Price Quality Method (PQM) for evaluating government building construction tenders. It is not appropriate for evaluating building consultancy offers
- Formal instruments of agreement 143.6 KB)
This guide note provides guidance on the application, preparation and execution of a Formal Instrument of Agreement, including advice on which government building construction projects require a Formal Instrument of Agreement to be executed.